Carfra Lawton LLP | Victoria BC
Back

    Significant Court Ruling in Self-Represented MVA Claim

    Frayne v. Alleman et al, 2006 BCSC 1988

    Kelly McCullagh

    Kelly McCullagh

    The plaintiff claimed brain injury, other physical injuries and psychological injury after a bicycle/motor vehicle accident. She claimed the injuries had resulted in financial loss to the business she owned and operated. Shortly before the scheduled jury trial, her counsel withdrew from the case and the plaintiff made a decision to proceed to trial without counsel. Trial by jury had been the choice of the defendants, but when the plaintiff became self represented, Kelly McCullagh successfully re-elected to have a judge alone trial. Following a 10 day trial that required delicate handling because the plaintiff did not have legal representation, the trial judge awarded damages of less than half of the amount of the defence formal offer to settle, resulting in a significant costs recovery for the defendants. The non-pecuniary damage award ($50,000.00) is still referenced for defendants in cases of concussion/physical injury/psychological injury.